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Call Today for A Consultation

A small fee will be charged for the initial consultation.

321-248-1011

Due to a rise in Covid-19 cases, our office is physically closed. We are currently offering consultations and meetings by telephone or video. Please don’t hesitate to call us if you have any questions.

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Please note that a small fee will be charged for the initial consultation.

Child Custody Factors in Melbourne, FL

Empower your parental rights with Figueroa Law Group’s child custody competency in Melbourne, FL.

Welcome to our Family Law page, where we talk about the essential aspects of child custody factors in Melbourne, FL. Child custody is when we decide who will take care of a child and make big decisions about their life, like where they live and go to school.

In Melbourne, FL, when parents can’t agree on custody arrangements, the courts step in to make decisions based on what’s best for the child. They think about where each parent lives, how they take care of the child, and what the child wants if they’re old enough. This means they consider many things to ensure the child’s safety, happiness, and healthy development.

By exploring child custody factors in Melbourne, FL, families can better understand the process and work towards arrangements that benefit everyone involved. Join us as we delve into the key considerations that shape child custody decisions in our community.

Short Summary

  • Child custody encompasses legal responsibility for a child’s care, including residence and decision-making authority.
  • Courts intervene when parents cannot agree, focusing on the child’s best interests.
  • Sole custody grants one parent full legal and physical custody.
  • Joint legal custody involves both parents sharing decision-making authority.
  • Joint physical custody allows the child to spend significant time with both parents.
  • Florida courts prioritize the child’s best interests, considering various factors such as parental history, stability, and the child’s preferences.
  • Judges may order custody evaluations to facilitate decisions aligned with the child’s well-being.
  • Modifying custody orders requires demonstrating substantial changes in family circumstances and proving the current arrangement is no longer in the child’s best interest.
  • Parents can seek custody regardless of gender, focusing on what’s best for the child.
  • Leaving children with the other parent temporarily may impact custody decisions, emphasizing stability and routine.
  • Unmarried parents can pursue custody orders through family court, ensuring legal recognition of parental rights.

What is Child Custody? 

Child custody refers to the legal responsibility for the care, control, and maintenance of a child. It involves the rights and obligations of parents or legal guardians concerning their child’s upbringing, including the following:

  • where the child will live, 
  • who will make decisions regarding their education, healthcare, religion, and 
  • other important aspects of their life.


Child custody typically arises in situations where parents are separated, divorced, or unmarried. When parents cannot reach an agreement about custody arrangements, courts intervene to make decisions in the best interests of the child.

Types of Custody Arrangement 

In child custody arrangements, there are several types of custody that parents or legal guardians may have. These arrangements determine both the legal rights and physical custody of the child. Here are the main types:

Sole Custody 

In sole custody arrangements, one parent has both legal and physical custody of the child. This means that the child lives with one parent full-time, and that parent has the authority to make all major decisions regarding the child’s upbringing without consulting the other parent.

Joint Legal Custody

Joint legal custody means that both parents share the authority to make important decisions about the child’s upbringing, such as education, healthcare, and religious upbringing. Even if the child lives primarily with one parent, both parents have equal rights to make decisions about the child’s welfare.

Joint Physical Custody

Joint physical custody arrangements involve the child spending significant time living with both parents. The exact schedule may vary depending on the circumstances and the agreement reached by the parents or ordered by the court. Joint physical custody allows the child to maintain regular contact and relationships with both parents.

Ultimately, child custody arrangements aim to ensure the child’s safety, well-being, and best interests while maintaining meaningful relationships with both parents whenever possible.

Who Gets to Decide Custody? 

Just like other family law matters, judges pay attention to agreements parents make about child custody. If parents can agree on a fair plan, the judge will probably make it an official court order. It’s best for parents to cooperate to decide what’s best for their families after a split. But if you can’t agree, a judge will make the decision for you after considering all the facts, including any investigations the court has done.

How to Change Custody Arrangements? 

In almost every state, keeping things steady for the child is super important when judges decide about custody. This means it can be hard for parents to change custody orders. But judges get that family situations can change.

To ask for a modification, a parent usually has to show there’s been a big change in the family’s situation. They also have to prove that the current arrangement isn’t best for the child anymore. Judges look at the same things they did when they first decided custody to figure out what’s best for the child.

What are the Frequently Asked Questions About Child Custody?

Here are some of the most child custody FAQs.  

Who Gets Custody: Moms or Dads? 

Before, judges often gave custody to moms, especially for young kids. But now, laws say judges must pick what’s best for the kids, not just based on the parent’s gender. In fact, some states say judges can’t pick based on if you’re a mom or dad.

If you’re a dad and want custody, don’t worry about old ideas. If you both work full-time and have care for the kids after school, you might be equal. Even if you have more flexible hours, it could help you. The judge will pick what’s best for the kids. 

So if you think you should have custody and can show the judge it’s good for the kids, go for it! If you show you’re ready to take care of them, it helps a lot. Most parents agree on custody without a judge. Judges usually say yes to these plans if they’re good for the kids.

Will It Be Difficult to Get a Chance of Custody When You Move Out and Leave Your Kids with the Other Parent?

If you move out and leave the kids with the other parent, it could make it harder for you to get custody. A judge might think the other parent is better for the kids if you just leave them behind.

If you have to leave but can’t take the kids, it’s best to write down an agreement with the other parent saying it’s temporary and won’t change who gets custody later.

Can You Get Custody If You and Your Partner Aren’t Married? 

If you’re not married to your child’s other parent, you can ask for a custody order in family court. But first, you’ll likely need to get a court order that says who the child’s father is, unless you both signed a paper saying so when the child was born. Usually, your state’s or tribe’s child support agency can help you for free with this.

Call us, and together, let’s work on getting you a chance over custody of your child in Florida!

Are you struggling on what to consider with child custody factors in Melbourne, Florida? Unsure about how to navigate the legal complexities and protect your rights as a parent? Look no further! Figueroa Law Group is here to help you find solutions tailored to your family’s needs.

Whether you’re facing a tough custody battle, need to modify existing arrangements, or want to ensure your child’s best interests are at the forefront, our experienced legal team has your back. We understand the challenges you’re facing, and we’re dedicated to helping you through every step of the process.

We believe that every child deserves stability and the best possible outcome in custody matters. With Figueroa Law Group, you don’t have to face these challenges alone. Our compassionate and knowledgeable attorneys will listen to your concerns, explain your options in simple terms, and fight tirelessly to protect your parental rights and your child’s well-being.

Let us guide you through the legal process and work towards solutions that prioritize your child’s well-being while addressing your concerns. Don’t face these challenges alone – reach out to Figueroa Law Group today and take the first step towards resolving your family law concerns with confidence.

Don’t let the stress of child custody issues overwhelm you. Schedule your consultation now and let us help you find the peace of mind you deserve.

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